Sale and Lease back for life

B00mer

New Member
Jurisdiction
Florida
We, husband and wife of 53 years both in our 70's are selling our residence a 4th fl condo located on the Gulf coast of Florida. The buyer(widow) is a close friend and owns the condo next door as a 2nd/vacation home that she uses and also allows her adult children to use at times.

She is a very successful business person and paying cash at a somewhat above market value price. Her intention is for us to live here rent-FREE for the remainder of our lives or until we choose to move to a nursing home for health reasons, etc. This offer came about as the buyer knew that we were contemplating selling the condo because I was fearful that my wife could not afford to live here as a widow since her pension would drop significantly upon my demise.

Sales agreement made up by her lawyer. Price and dates etc. all acceptable.

"OTHER TERMS AND CONDITIONS:

Buyer and Seller hereby agree that Buyer will pay all closing costs. Buyer acknowledges receipt of condominium documents as Buyer is a current owner in xxxxx xxxxx.

Buyer and Seller hereby agree that Seller will lease the property from Buyer until they can no longer stay in the property due to health concerns. Seller will pay the homeowner associations dues and maintain a renters policy to insure the unit at all times as well as pay for the utilities."

Herein lays my question(s).
#1: The terms seem ambiguous to me. Should I have a separate document such as a life lease? Could the above be modified to include the term: RENT-FREE or $0.00 rent, etc.

#2: "renters policy to insure the unit at all times" This is a bit confusing as I believe that a Renters Policy would be for personal belongings and furnishings only, correct?
The Condo Unit would require a separate policy to cover cabinets, carpet, fixtures, etc. in case of fire, etc. CORRECT?
 
The terms seem ambiguous to me

They certainly are.

Should I have a separate document such as a life lease?

Yes, a life lease would be more appropriate. I haven't found anything specific for Florida so I STRONGLY URGE you to consult a real estate attorney and have a life lease drafted that protects your interests.

That she has a lawyer and you don't spells DANGER.

"renters policy to insure the unit at all times" This is a bit confusing as I believe that a Renters Policy would be for personal belongings and furnishings only, correct?
The Condo Unit would require a separate policy to cover cabinets, carpet, fixtures, etc. in case of fire, etc. CORRECT?

It's obvious that your buyer doesn't know anything about insurance nor does her lawyer.

The owner of the condo buys a Condominium Unitowners Policy (HO-6) that covers her personal property and damage to her unit.

A tenant buys a Renter's Policy (HO-4) that covers the tenants personal property and improvements that the tenant might make to the unit (like if someday you replace the carpet).

If a tenant is contractually obligated to cover damage to the unit, then the tenant could qualify for his own HO-6 because he has an "insurable interest" in the unit.

Talk to your insurance agent about that and make sure you can get an HO-6 if you need one.

The "life lease" document should specify whether or not you will have an obligation to cover damage to the unit.

Also be aware that, though you lease for life, both you and your "landlord" will be subject to the terms and conditions of the Florida landlord tenant statute:

Statutes & Constitution :View Statutes : Online Sunshine

So make sure you study up on that, too.

I can't emphasize this enough, hire yourself a lawyer to draft and review the life lease. Do not get into the deal without one. I'm sure your buyer is a nice person, but this whole deal can blow up in your face if you don't get the lease contract right.
 
They certainly are.



Yes, a life lease would be more appropriate. I haven't found anything specific for Florida so I STRONGLY URGE you to consult a real estate attorney and have a life lease drafted that protects your interests.

That she has a lawyer and you don't spells DANGER.



It's obvious that your buyer doesn't know anything about insurance nor does her lawyer.

The owner of the condo buys a Condominium Unitowners Policy (HO-6) that covers her personal property and damage to her unit.

A tenant buys a Renter's Policy (HO-4) that covers the tenants personal property and improvements that the tenant might make to the unit (like if someday you replace the carpet).

If a tenant is contractually obligated to cover damage to the unit, then the tenant could qualify for his own HO-6 because he has an "insurable interest" in the unit.

Talk to your insurance agent about that and make sure you can get an HO-6 if you need one.

The "life lease" document should specify whether or not you will have an obligation to cover damage to the unit.

Also be aware that, though you lease for life, both you and your "landlord" will be subject to the terms and conditions of the Florida landlord tenant statute:

Statutes & Constitution :View Statutes : Online Sunshine

So make sure you study up on that, too.

I can't emphasize this enough, hire yourself a lawyer to draft and review the life lease. Do not get into the deal without one. I'm sure your buyer is a nice person, but this whole deal can blow up in your face if you don't get the lease contract right.

Thank you very much for the prompt reply. You have confirmed my opinion on both points. Thanks for the Links and I will study the Florida landlord tenant statute.
 
Thank you very much for the prompt reply. You have confirmed my opinion on both points. Thanks for the Links and I will study the Florida landlord tenant statute.

What you really require is a life estate for persons A & B, with such life estate being extinguished upon the life of the longest living person.

It's easier if it were one person, but certainly can be written in whatever conveyance instrument to include two parties, as in your case.

However, never do any deal created only by the other party's attorney. For your sake, hire an attorney to protect your interests. Don't do the deal until you've engaged an attorney that clearly understands what you're trying to accomplish.

In your situation, a life estate is an appropriate idea.
It protects the longest surviving spouse.




These articles offer a more detailed explanation of what you are trying to create:


What is a Life Estate? Explanation of Life Estate Deeds


https://www.linkedin.com/pulse/20140728165911-7718716-the-problem-with-life-estate-deeds



REAL ESTATE LAW Transfer-on-Death Deeds
 
What you really require is a life estate for persons A & B, with such life estate being extinguished upon the life of the longest living person.

It's easier if it were one person, but certainly can be written in whatever conveyance instrument to include two parties, as in your case.

However, never do any deal created only by the other party's attorney. For your sake, hire an attorney to protect your interests. Don't do the deal until you've engaged an attorney that clearly understands what you're trying to accomplish.

In your situation, a life estate is an appropriate idea.
It protects the longest surviving spouse.




These articles offer a more detailed explanation of what you are trying to create:


What is a Life Estate? Explanation of Life Estate Deeds


https://www.linkedin.com/pulse/20140728165911-7718716-the-problem-with-life-estate-deeds



REAL ESTATE LAW Transfer-on-Death Deeds
Thank you Army Judge. I will add this information for submittal to my new attorney.

I'm very grateful for the help and advice from this site and salute you folks for contributing your time and effort.
 
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